In June 2000, the EU's Council of Ministers adopted Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin hereafter, the 'Racial Equality Directive'.
In November, the Council of Europe opened for signature Protocol 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The protocol seeks to guarantee the right to non-discrimination on a wide range of grounds in any right 'set forth by law' and in the actions of 'any public authority'.
This paper compares these twin initiatives in order to identify their differences and similarities. In particular, whilst the Racial Equality Directive automatically enters into force within the EU on 19 July 2003, Protocol 12 remains an optional commitment for any member state of the Council of Europe. At the time of writing, 26 states have signed the protocol, but only one (Georgia) has completed ratification. Nine EU member states or applicant states have not yet signed the protocol. Therefore, it is necessary to consider what additional protection that instrument might confer and why states should be encouraged to implement also its provisions. Before proceeding to the detailed analysis of both measures, a short introduction to each is provided.
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In June 2000, the EU's Council of Ministers adopted Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin hereafter, the 'Racial Equality Directive'.
In November, the Council of Europe opened for signature Protocol 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The protocol seeks to guarantee the right to non-discrimination on a wide range of grounds in any right 'set forth by law' and in the actions of 'any public authority'.
This paper compares these twin initiatives in order to identify their differences and similarities. In particular, whilst the Racial Equality Directive automatically enters into force within the EU on 19 July 2003, Protocol 12 remains an optional commitment for any member state of the Council of Europe. At the time of writing, 26 states have signed the protocol, but only one (Georgia) has completed ratification. Nine EU member states or applicant states have not yet signed the protocol. Therefore, it is necessary to consider what additional protection that instrument might confer and why states should be encouraged to implement also its provisions. Before proceeding to the detailed analysis of both measures, a short introduction to each is provided.
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